PARESH BASAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In Session Trial No. 1 of 1997 (Session Case No.51 of 1992) the appellants Paresh Basak and Pratima Basak were tried on the charge of having committed offences punishable under Sections 498A/302/34 of the Indian Penal Code for having committed murder of Smt. Pratima Basak and having treated her with cruelty. The learned Additional Sessions Judge, 2nd Court, Suri, Birbhum by judgment and order 6.8.1998 found the appellants guilty of having committed offences punishable under Section 302/34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 2000/- each, in default to suffer further imprisonment for three months. The Court also found them guilty of having committed offences under Section 498A of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000/- each, in default to suffer further rigorous imprisonment for two months and, therefore, this appeal.

(2.) It is prosecution case that Pratima Basak alias Chanu was given in marriage to the appellant No.1 namely Paresh Basak on 7th Jaistha, 1398 B.S. i.e. on 22.5.1991. Immediately after marriage, the deceased Pratima Basak went to reside with her husband. According to the prosecution, Pratima was treated with cruelty and tortured by her husband and his family members and particularly by her Mejo Ja, second brother's wife (sister-in-law) i.e. wife of Pawan Basak, viz., Pratima Basak, appellant/accused no.2 and they made her life miserable. The fact of such cruel treatment and mental and physical torture was made known to Bablu Basak, the brother of the deceased and her relatives by Pratima from time to time and also by writing letters. The reason given for such ill-treatment was that her husband Paresh Basak had illicit relation with Pratima her mejo ja, wife of Pawan Basak. Therefore, he did not take care of her and her husband and sister-in-law wanted to get rid of her and often coaxed her to end her life.

(3.) On 9.8.1991, at about 8 a.m. when Pratima @ Chanu was preparing tea, her husband, Paresh Basak and Pratima Basak (mejo ja) accosted her and Pratima (mejo ja) poured kerosene on her person and her husband set her ablaze with matchstick.